Pepper plant named &#39;RY5&#39;

ABSTRACT

A new and distinctive variety of pepper ( Capsicum annuum ) plant named ‘RY5’ that is distinguished by its red and yellow striped colored and square shaped fruit.

CROSS-REFERENCE TO RELATED APPLICATIONS

This application is a Continuation-In-Part application of U.S.application Ser. No. 15/493,000, filed Apr. 20, 2017, which is aContinuation-In-Part application of U.S. application Ser. No.14/121,903, filed Oct. 30, 2014, now U.S. Plant Pat. No. 28,123, whichclaims the benefit of U.S. Provisional Application Ser. No. 61/899,010,filed Nov. 1, 2013, each of which are incorporated herein by referencein their entirety. U.S. application Ser. No. 15/493,000, filed Apr. 20,2017, also claims the priority benefit of U.S. Provisional ApplicationSer. No. 62/326,619, filed Apr. 22, 2016, and U.S. ProvisionalApplication Ser. No. 62/366,927, filed Jul. 26, 2016, each of which areincorporated herein by reference in their entirety.

Latin name: Botanical classification: Capsicum annuum.

Varietal denomination: The varietal denomination of the claimed peppervariety is ‘RY5’.

BACKGROUND OF THE INVENTION

The bell pepper (Capsicum annuum) originated in Mexico and theneighboring areas of Central America. Soon after Columbus' discovery ofthis plant, it was grown worldwide and used as a spice and a medicine.Today, pepper plants can be found growing wild in tropical areas aroundthe world. Many countries grow it as a crop. Many of the hot peppers canbe found in Latin America and China, but the United States prefers bellpeppers. Peppers are used for fresh consumption, and they are processedinto powders, sauces, and salsas. Many of the new cultivars grown todaycan be traced back to the early plants.

The genus Capsicum and species annuum includes most of the peppers grownin the United States. These can be further grouped into two broadcategories: chile peppers which are pungent (hot) and sweet pepperswhich are non-pungent (mild). The United States produces four percent ofthe world's capsicum peppers (sweet and hot), ranking sixth behindChina, Mexico, Turkey, Spain and Nigeria. Bell peppers are the mostcommon sweet pepper and are found in virtually every retail producedepartment. Grown commercially in most states, the U.S. industry islargely concentrated in California and Florida, which together accountedfor 78% of output in 2000. New Jersey, Georgia, and North Carolina roundout the top five producing states (Economic Research Service, USDA,Vegetables and Melons Outlook/VGS-288/Dec. 14, 2001).

Bell peppers are eaten raw, cooked, immature and mature. Oftennutritional content is altered by the changes in the way they areconsumed. Per capita consumption of bell peppers in 1995 was 6.2 pounds.They are an excellent source of Vitamin C, Vitamin A, and Calcium. Redpeppers have more of these qualities than the immature green peppers.

Peppers grown in temperate regions are herbaceous annuals, but areherbaceous perennials where temperatures do not drop below freezing.Pepper plants' growth habit may be prostrate, compact, or erect, but itis determinate in that after it produces nine to eleven leaves a singlestem terminates in flowers. These plants are grown for the edible fleshyfruit produced by this dichotomous growth. Peppers are non-climactericwhich means they do not produce ethylene. They need to stay on the vineto continue the ripening process. A deep taproot will form if the plantroot system is uninjured during transplanting. The spindle root willdevelop fibrous secondary root systems spreading laterally and downward.On the soil surface the stem will produce adventitious roots, but not aseasily as tomatoes. The leaves of the pepper plant arise singly and aresimple, entire, and asymmetrical. Typical of all Solanaceous plants, theleaves are arranged alternately on the stem. They are shiny and glabrousand vary in shape from broadly ovate to ovate lanceolate. The flowersdevelop singly or in twos or threes continuously as the upper structureof the plant proliferates. The corolla is white and five lobed while theanthers are bluish or yellowish in color. The flowers have an openanther formation and will indefinitely self-pollinate. They are alsopollinated by insects, which increases the chances of cross-pollination.Unlike tomatoes, whose pollen becomes nonviable in high temperatures,the pepper flowers' pollen is not extremely heat sensitive and itremains viable up to 100° Fahrenheit producing fruit throughout theseason.

The fruit of a pepper plant is classified as a berry with colors fromgreen, yellow, red, purple, black, brown, white, and orange. Green is animmature fruit, yet commonly eaten this way, and as the fruit matures itchanges color. In most commercial cultivars color changes are from greento red, green to yellow or green to orange. Usually, fruits of thepurple and white varieties have these colors as they develop, andtherefore do not have a green stage. For fruit to set, the ovaries needto be fertilized. Auxin is then produced by the seeds, which determinefruit cell elongation. The number of seeds fertilized will determine thesize and shape of the fruit. The seed develop on the interior and attachto the veins. Fully developed seed is kidney shaped. There are about4,500 seeds per ounce.

Pepper is an important and valuable field crop. Thus, there is acontinued need for new hybrid peppers.

SUMMARY OF THE INVENTION

In order to meet these needs, the present invention is directed to a newpepper (Capsicum annuum) plant variety named ‘RY5’. This new pepperplant variety is distinguished by its dark yellow and red striped colorand generally square shape.

‘RY5’ was originally identified as a mutant in a screening trial ofplants of pepper variety ‘Healey’ (not patented), conducted in Ontario,Canada in 2016. The mutant ‘RY5’ was selected based on its vertical redand yellow striped color and propagated vegetatively (i.e., asexually).

Subsequent screening trials of mutants of pepper variety ‘Healey’conducted in Ontario, Canada and Michigan, United States identifiedfurther ‘RY5’ peppers. All ‘RY5’ peppers exhibit the vertical red andyellow striped color. When ‘RY5’ is propagated vegetatively viacuttings, the majority of offspring plants produce peppers that exhibitthe vertical red and yellow striped color of ‘RY5’, with a lowpercentage of offspring plants producing peppers that exhibit a yellowcolor. Genetically, all ‘RY5’ peppers appear to have the same mutation.Without wishing to be bound by theory, it is believed that it is agenetic sensitivity in ‘Healey’ that gives rise to the ‘RY5’ mutantexhibiting the vertical red and yellow striped color.

The pepper plant variety ‘RY5’ has been asexually reproduced by cuttingsat a farm in Ontario, Canada. Pepper plant variety ‘RY5’ isdistinguished from all existing pepper plant varieties by the red andyellow striped fruit of the variety. The distinctive characteristics ofpepper plant variety ‘RY5’ have been found to be stable and aretransmitted to new pepper plants when asexually propagated.

In addition to the exemplary aspects and embodiments described above,further aspects and embodiments will become apparent by reference bystudy of the following descriptions.

BRIEF DESCRIPTION OF THE DRAWINGS

This new pepper plant is illustrated by the accompanying photograph,which shows fruit of the plant. The colors shown are as true as can bereasonably obtained by conventional photographic procedures.

FIG. 1A-1C show several yellow and red striped fruit of hybrid pepperplant ‘RY5’, as well as unripe fruit.

FIG. 1A shows a side/bottom view of a yellow and red striped fruit ofhybrid pepper plant ‘RY5’.

FIG. 1B shows a side view of two yellow and red striped fruits of hybridpepper plant ‘RY5’, as well as an unripe fruit.

FIG. 1C shows a side view of two yellow and red striped fruits of hybridpepper plant ‘RY5’, as well as two unripe fruits.

BOTANICAL DESCRIPTION OF THE PLANT

The following botanical description is from fruit grown from plantsvegetatively propagated from the original mutant ‘RY5’ pepper plant.Color references are primarily to the R.H.S. Colour Chart of The RoyalHorticultural Society of London (R.H.S.) (2007 edition). Descriptiveterminology follows the Plant Identification Terminology, An IllustratedGlossary, 2^(nd) edition by James G. Harris and Melinda Woolf Harris,unless where otherwise defined.

Hybrid pepper plant variety ‘RY5’ has the following morphologic andother characteristics:

-   General:    -   -   Usage.—Fresh market.        -   Type of culture.—Covered cultivation (e.g., in greenhouse).-   Plant:    -   -   Seedling (anthocyanin coloration of hypocotyl).—Present.        -   Stem length.—Medium.        -   Shortened internode.—Absent.        -   Internode length.—Medium to long.        -   Anthocyanin coloration of nodes.—Present.        -   Intensity of anthocyanin coloration of nodes on stem.—Medium            to strong.        -   Hairiness of nodes on stem.—Medium.        -   Plant height.—Medium to tall.        -   Leaf shape.—Ovate.        -   Undulation of leaf margin.—Weak.        -   Leaf blistering.—Medium to strong.        -   Leaf profile in cross section.—Moderately convex.        -   Leaf glossiness.—Medium to strong.        -   Peduncle attitude.—Semi-dropping.        -   Leaf length of blade.—Medium to long.        -   Leaf width of blade.—Medium to broad.        -   Intensity of green color of leaf blade.—Medium to dark.        -   Anthocyanin coloration in anther of flower.—Present.        -   Time of beginning of flowering.—Medium.        -   Time of maturity.—Medium.-   Fruit:    -   -   Color before maturity.—Green.        -   Intensity of color before maturity.—Medium.        -   Anthocyanin coloration before maturity.—Absent.        -   Attitude.—Drooping.        -   Shape in longitudinal section.—Square.        -   Shape in cross section (at level of placenta).—Angular to            circular.        -   Sinuation of pericarp at basal part.—Absent or very weak.        -   Sinuation of pericarp excluding basal part.—Absent or very            weak.        -   Color at maturity.—Red and yellow striped.        -   Number of locules.—Equally three and four.        -   Capsaicin in placenta.—Absent.        -   Fruit length.—Short.        -   Fruit width.—Broad.        -   Ration of length to diameter.—Medium.        -   Texture of surface of fruit.—smooth or very slightly            wrinkled.        -   Glossiness of fruit.—Medium.        -   Stalk cavity.—Present.        -   Depth of stalk cavity.—Medium.        -   Stalk length.—Medium to long.        -   Stalk thickness.—Medium.        -   Calyx aspect.—Non-enveloping.        -   Shape of apex of fruit.—Moderately depressed.        -   Depth of interloculary grooves.—Medium.        -   Thickness of fruit flesh.—Medium to thick.-   Disease/pest resistance:    -   -   Tobamovirus pathotype p ₀.—Resistant.        -   Tobamovirus pathotype p ₁₋₂.—Resistant.        -   Tobamovirus pathotype p ₁₋₂₋₃.—Susceptible.        -   Tobamovirus pathotype p ₁.—Resistant        -   Potato virus y pathotype p ₀: Susceptible-   Comparisons to most similar variety: Table 1 below compares the    characteristic of the mutant pepper plant variety ‘RY5’ with the    most similar variety, ‘Healey’. Column 1 lists the characteristic,    column 2 shows the characteristics for mutant pepper plant variety    ‘RY5’, and column 3 shows the characteristics for most similar    pepper variety ‘Healey’.

TABLE 1 Characteristic ‘RY5’ ‘Healey’ Mature fruit color Red and yellowstriped Red

DETAILED DESCRIPTION OF THE INVENTION

There are numerous steps in the development of any novel, desirableplant germplasm. Plant breeding begins with the analysis and definitionof problems and weaknesses of the current germplasm, the establishmentof program goals, and the definition of specific breeding objectives.The next step is selection of germplasm that possess the traits to meetthe program goals. The selected germplasm is crossed in order torecombine the desired traits and through selection varieties or parentlines are developed. The goal is to combine in a single variety orhybrid an improved combination of desirable traits from the parentalgermplasm. These important traits may include higher yield, fieldperformance, fruit and agronomic quality such as fruit shape and length,resistance to diseases and insects, and tolerance to drought and heat.

Choice of breeding or selection methods depends on the mode of plantreproduction, the heritability of the trait(s) being improved, and thetype of cultivar used commercially (e.g., F₁ hybrid cultivar, purelinecultivar, etc.). For highly heritable traits, a choice of superiorindividual plants evaluated at a single location will be effective,whereas for traits with low heritability, selection should be based onmean values obtained from replicated evaluations of families of relatedplants. Popular selection methods commonly include pedigree selection,modified pedigree selection, mass selection, and recurrent selection.

The complexity of inheritance influences choice of the breeding method.Backcross breeding is used to transfer one or a few favorable genes fora highly heritable trait into a desirable cultivar. This approach hasbeen used extensively for breeding disease-resistant cultivars. Variousrecurrent selection techniques are used to improve quantitativelyinherited traits controlled by numerous genes. The use of recurrentselection in self-pollinating crops depends on the ease of pollination,the frequency of successful hybrids from each pollination, and thenumber of hybrid offspring from each successful cross.

Each breeding program should include a periodic, objective evaluation ofthe efficiency of the breeding procedure. Evaluation criteria varydepending on the goal and objectives, but should include gain fromselection per year based on comparisons to an appropriate standard,overall value of the advanced breeding lines, and number of successfulcultivars produced per unit of input (e.g., per year, per dollarexpended, etc.).

Promising advanced breeding lines are thoroughly tested and compared toappropriate standards in environments representative of the commercialtarget area(s) for three years at least. The best lines are candidatesfor new commercial cultivars; those still deficient in a few traits areused as parents to produce new populations for further selection. Theseprocesses, which lead to the final step of marketing and distribution,usually take from five to ten years from the time the first cross orselection is made.

One goal of pepper plant breeding is to develop new, unique and superiorpepper cultivars. A breeder can initially select and cross two or moreparental lines, followed by repeated selfing and selection, producingmany new genetic combinations. Moreover, a breeder can generate multipledifferent genetic combinations by crossing, selfing, and mutations. Aplant breeder can then select which germplasms to advance to the nextgeneration. These germplasms may then be grown under differentgeographical, climatic, and soil conditions, and further selections canbe made during, and at the end of, the growing season.

The development of commercial pepper cultivars thus requires thedevelopment of pepper parental lines, the crossing of these lines, andthe evaluation of the crosses. Pedigree breeding and recurrent selectionbreeding methods are used to develop cultivars from breedingpopulations. Breeding programs combine desirable traits from two or morevarieties or various broad-based sources into breeding pools from whichlines are developed by selfing and selection of desired phenotypes. Thenew lines are crossed with other lines and the hybrids from thesecrosses are evaluated to determine which have commercial potential.

Pedigree breeding is used commonly for the improvement ofself-pollinating crops or inbred lines of cross-pollinating crops. Twoparents which possess favorable, complementary traits are crossed toproduce an F₁. An F₂ population is produced by selfing one or severalF₁s or by intercrossing two F₁s (sib mating). Selection of the bestindividuals is usually begun in the F₂ population; then, beginning inthe F₃, the best individuals in the best families are selected.Replicated testing of families, or hybrid combinations involvingindividuals of these families, often follows in the F₄ generation toimprove the effectiveness of selection for traits with low heritability.At an advanced stage of inbreeding (i.e., F₆ and F₇), the best lines ormixtures of phenotypically similar lines are tested for potentialrelease as new cultivars.

Mass and recurrent selections can be used to improve populations ofeither self- or cross-pollinating crops. A genetically variablepopulation of heterozygous individuals is either identified or createdby intercrossing several different parents. The best plants are selectedbased on individual superiority, outstanding progeny, or excellentcombining ability. The selected plants are intercrossed to produce a newpopulation in which further cycles of selection are continued.

Backcross breeding may be used to transfer genes for a simply inherited,highly heritable trait into a desirable homozygous cultivar or line thatis the recurrent parent. The source of the trait to be transferred iscalled the donor parent. The resulting plant is expected to have theattributes of the recurrent parent (e.g., cultivar) and the desirabletrait transferred from the donor parent. After the initial cross,individuals possessing the phenotype of the donor parent are selectedand repeatedly crossed (backcrossed) to the recurrent parent. Theresulting plant is expected to have the attributes of the recurrentparent (e.g., cultivar) and the desirable trait transferred from thedonor parent.

The single-seed descent procedure in the strict sense refers to plantinga segregating population, harvesting a sample of one seed per plant, andusing the one-seed sample to plant the next generation. When thepopulation has been advanced from the F₂ to the desired level ofinbreeding, the plants from which lines are derived will each trace todifferent F₂ individuals. The number of plants in a population declineseach generation due to failure of some seeds to germinate or some plantsto produce at least one seed. As a result, not all of the F₂ plantsoriginally sampled in the population will be represented by a progenywhen generation advance is completed.

In addition to phenotypic observations, the genotype of a plant can alsobe examined. There are many laboratory-based techniques available forthe analysis, comparison and characterization of plant genotype; amongthese are Isozyme Electrophoresis, Restriction Fragment LengthPolymorphisms (RFLPs), Randomly Amplified Polymorphic DNAs (RAPDs),Arbitrarily Primed Polymerase Chain Reaction (AP-PCR), DNA AmplificationFingerprinting (DAF), Sequence Characterized Amplified Regions (SCARs),Amplified Fragment Length polymorphisms (AFLPs), Simple Sequence Repeats(SSRs—which are also referred to as Microsatellites), and SingleNucleotide Polymorphisms (SNPs).

Molecular markers can also be used during the breeding process for theselection of qualitative traits. For example, markers closely linked toalleles or markers containing sequences within the actual alleles ofinterest can be used to select plants that contain the alleles ofinterest during a backcrossing breeding program. The markers can also beused to select toward the genome of the recurrent parent and against themarkers of the donor parent. This procedure attempts to minimize theamount of genome from the donor parent that remains in the selectedplants. It can also be used to reduce the number of crosses back to therecurrent parent needed in a backcrossing program. The use of molecularmarkers in the selection process is often called genetic marker enhancedselection or marker-assisted selection. Molecular markers may also beused to identify and exclude certain sources of germplasm as parentalvarieties or ancestors of a plant by providing a means of trackinggenetic profiles through crosses.

Mutation breeding may also be used introducing new traits into peppervarieties. Mutations that occur spontaneously or are artificiallyinduced can be useful sources of variability for a plant breeder. Thegoal of artificial mutagenesis is to increase the rate of mutation for adesired characteristic. Mutation rates can be increased by manydifferent means including temperature, long-term seed storage, tissueculture conditions, radiation (such as X-rays, Gamma rays, neutrons,Beta radiation, or ultraviolet radiation), chemical mutagens (such asbase analogs like 5-bromo-uracil), antibiotics, alkylating agents (suchas sulfur mustards, nitrogen mustards, epoxides, ethyleneamines,sulfates, sulfonates, sulfones, or lactones), azide, hydroxylamine,nitrous acid or acridines. Once a desired trait is observed throughmutagenesis the trait may then be incorporated into existing germplasmby traditional breeding techniques. Details of mutation breeding can befound in Principles of Cultivar Development by Fehr, MacmillanPublishing Company, 1993.

The production of double haploids can also be used for the developmentof homozygous lines in a breeding program. Double haploids are producedby the doubling of a set of chromosomes from a heterozygous plant toproduce a completely homozygous individual. For example, see Wan, etal., Theor. Appl. Genet., 77:889-892, 1989.

Additional non-limiting examples of breeding methods that may be usedinclude, without limitation, those found in Principles of PlantBreeding, John Wiley and Son, pp. 115-161, 1960; Allard, 1960; Simmonds,1979; Sneep et al., 1979; Fehr, 1987; “Carrots and Related VegetableUmbelliferae”, Rubatzky, V. E., et al., 1999.

Definitions

In the description and tables that follow, a number of terms are used.In order to provide a clear and consistent understanding of thespecification and claims, including the scope to be given such terms,the following definitions are provided:

Allele. The allele is any of one or more alternative forms of a gene,all of which relate to one trait or characteristic. In a diploid cell ororganism, the two alleles of a given gene occupy corresponding loci on apair of homologous chromosomes.

Backcrossing. Backcrossing is a process in which a breeder repeatedlycrosses hybrid progeny back to one of the parents, for example, a firstgeneration hybrid F₁ with one of the parental genotype of the F₁ hybrid.

Covered cultivation. Any type of cultivation where the plants are notexposed to direct sunlight. The covering includes but is not limited togreenhouses, glasshouses, net-houses, plastic houses and tunnels.

Essentially all the physiological and morphological characteristics. Aplant having essentially all the physiological and morphologicalcharacteristics means a plant having the physiological and morphologicalcharacteristics of the recurrent parent, except for the characteristicsderived from the converted gene.

Fructose content. As used herein, “fructose content” refers to thequantity of fructose in a green pepper fruit in mg/kg of fresh weight.

Glucose content. As used herein, “glucose content” refers to thequantity of glucose in a green pepper fruit in mg/kg of fresh weight.

Green pepper plant. As used herein, a “green pepper plant” is a plantthat is developed for the harvest of green pepper fruits.

Internode. An “internode” refers to the stem segment between nodes.

Pepper fruit. As used herein, a “pepper fruit” is a fruit produced by aCapsicum annuum plant and is commonly referred to as a bell pepper. Thecolor of a pepper fruit can be green, red, yellow, orange and, morerarely, white, black, and brown, depending on when they are harvestedand the specific cultivar. Green peppers are unripe bell peppers, whilethe others are all ripe, with the color variation based on cultivarselection.

Propagate. To “propagate” a plant means to reproduce the plant by meansincluding, but not limited to, seeds, cuttings, divisions, tissueculture, embryo culture or other in vitro method.

Quantitative Trait Loci (QTL). As used herein, “quantitative trait loci”refers to genetic loci that control to some degree numericallyrepresentable traits that are usually continuously distributed.

Regeneration. As used herein, “regeneration” refers to the developmentof a plant from tissue culture.

Single gene converted. As used herein, “single gene converted” or“conversion plant” refers to plants which are developed by a plantbreeding technique called backcrossing wherein essentially all of thedesired morphological and physiological characteristics of an inbred arerecovered in addition to the single gene transferred into the inbred viathe backcrossing technique or via genetic engineering.

Further Embodiments

This invention is also directed to methods for producing a pepper plantby crossing a first parent pepper plant with a second parent pepperplant, wherein the first or second pepper plant is the pepper plant‘RY5’. Further, both first and second parent pepper plants may be ‘RY5’.Therefore, any methods using pepper hybrid ‘RY5’ are part of thisinvention: selfing, backcrosses, hybrid breeding, and crosses topopulations. Any plants produced using pepper hybrid ‘RY5’ as at leastone parent are within the scope of this invention.

As used herein, the term plant includes plant cells, plant protoplasts,plant cell tissue cultures from which pepper plants can be regenerated,plant calli, plant clumps and plant cells that are intact in plants orparts of plants, such as embryos, pollen, ovules, flowers, leaves,stems, and the like.

Gene Conversions

When the terms pepper plant, hybrid, cultivar or pepper line are used inthe context of the present invention, this also includes any single geneconversions. The term “single gene converted plant” as used hereinrefers to those pepper plants which are developed by a plant breedingtechnique called backcrossing wherein essentially all of the desiredmorphological and physiological characteristics of a cultivar arerecovered in addition to the single gene transferred into the line viathe backcrossing technique. Backcrossing methods can be used with thepresent invention to improve or introduce a characteristic into theline. The term “backcrossing” as used herein refers to the repeatedcrossing of a hybrid progeny back to one of the parental pepper plantsfor that line, backcrossing 1, 2, 3, 4, 5, 6, 7, 8, or more times to therecurrent parent. The parental pepper plant which contributes the genefor the desired characteristic is termed the nonrecurrent or donorparent. This terminology refers to the fact that the nonrecurrent parentis used one time in the backcross protocol and therefore does not recur.The parental pepper plant to which the gene or genes from thenonrecurrent parent are transferred is known as the recurrent parent asit is used for several rounds in the backcrossing protocol (Poehlman &Sleper, 1994; Fehr, 1987). In a typical backcross protocol, the originalcultivar of interest (recurrent parent) is crossed to a second line(nonrecurrent parent) that carries the single gene of interest to betransferred. The resulting progeny from this cross are then crossedagain to the recurrent parent and the process is repeated until a pepperplant is obtained wherein essentially all of the desired morphologicaland physiological characteristics of the recurrent parent are recoveredin the converted plant, in addition to the single transferred gene fromthe nonrecurrent parent.

The selection of a suitable recurrent parent is an important step for asuccessful backcrossing procedure. The goal of a backcross protocol isto alter or substitute a single trait or characteristic in the originalline. To accomplish this, a single gene of the recurrent cultivar ismodified or substituted with the desired gene from the nonrecurrentparent, while retaining essentially all of the rest of the desiredgenetic, and therefore the desired physiological and morphological,constitution of the original line. The choice of the particularnonrecurrent parent will depend on the purpose of the backcross, one ofthe major purposes is to add some commercially desirable, agronomicallyimportant trait to the plant. The exact backcrossing protocol willdepend on the characteristic or trait being altered to determine anappropriate testing protocol. Although backcrossing methods aresimplified when the characteristic being transferred is a dominantallele, a recessive allele may also be transferred. In this instance itmay be necessary to introduce a test of the progeny to determine if thedesired characteristic has been successfully transferred.

Many single gene traits have been identified that are not regularlyselected for in the development of a new line but that can be improvedby backcrossing techniques. Single gene traits may or may not betransgenic, examples of these traits include but are not limited to,male sterility, modified fatty acid metabolism, modified carbohydratemetabolism, herbicide resistance, nematode resistance, resistance forbacterial, fungal, or viral disease, insect resistance, enhancednutritional quality, industrial usage, yield stability and yieldenhancement. These genes are generally inherited through the nucleus.Several of these single gene traits are described in U.S. Pat. Nos.5,777,196, 5,948,957 and 5,969,212, the disclosures of which arespecifically hereby incorporated by reference.

Tissue Culture

Further reproduction of the variety can occur by tissue culture andregeneration. Tissue culture of various tissues of pepper andregeneration of plants therefrom is well known and widely published. Forexample, reference may be had to Teng, et al., HortScience. 1992, 27: 9,1030-1032 Teng, et al., HortScience. 1993, 28: 6, 669-1671, Zhang, etal., Journal of Genetics and Breeding. 1992, 46: 3, 287-290, Webb, etal., Plant Cell Tissue and Organ Culture. 1994, 38: 1, 77-79, Curtis, etal., Journal of Experimental Botany. 1994, 45: 279, 1441-1449, Nagata,et al., Journal for the American Society for Horticultural Science.2000, 125: 6, 669-672, and Ibrahim, et al., Plant Cell, Tissue and OrganCulture. (1992), 28(2): 139-145. It is clear from the literature thatthe state of the art is such that these methods of obtaining plants areroutinely used and have a very high rate of success. Thus, anotheraspect of this invention is to provide cells which upon growth anddifferentiation produce pepper plants having the physiological andmorphological characteristics of the hybrid ‘RY5’.

As used herein, the term “tissue culture” indicates a compositioncomprising isolated cells of the same or a different type or acollection of such cells organized into parts of a plant. Exemplarytypes of tissue cultures are protoplasts, calli, meristematic cells, andplant cells that can generate tissue culture that are intact in plantsor parts of plants, such as leaves, pollen, embryos, roots, root tips,anthers, pistils, flowers, seeds, petioles, and the like. Means forpreparing and maintaining plant tissue culture are well known in theart. By way of example, a tissue culture comprising organs has been usedto produce regenerated plants. U.S. Pat. Nos. 5,959,185; 5,973,234 and5,977,445 describe certain techniques, the disclosures of which areincorporated herein by reference.

Additional Breeding Methods

This invention also is directed to methods for producing a pepper plantby crossing a first parent pepper plant with a second parent pepperplant wherein the first or second parent pepper plant is a pepper plantof hybrid ‘RY5’. Further, both first and second parent pepper plants cancome from pepper hybrid ‘RY5’. Thus, any such methods using pepperhybrid ‘RY5’ are part of this invention: selfing, backcrosses, hybridproduction, crosses to populations, and the like. All plants producedusing pepper hybrid ‘RY5’ as at least one parent are within the scope ofthis invention, including those developed from cultivars derived frompepper hybrid ‘RY5’. Advantageously, this pepper cultivar could be usedin crosses with other, different, pepper plants to produce the firstgeneration (F₁) pepper hybrid seeds and plants with superiorcharacteristics. The cultivar of the invention can also be used fortransformation where exogenous genes are introduced and expressed by thecultivar of the invention. Genetic variants created either throughtraditional breeding methods using pepper hybrid ‘RY5’ or throughtransformation of hybrid ‘RY5’ by any of a number of protocols known tothose of skill in the art are intended to be within the scope of thisinvention.

The following describes breeding methods that may be used with pepperhybrid ‘RY5’ in the development of further pepper plants. One suchembodiment is a method for developing progeny pepper plants in a pepperplant breeding program comprising: obtaining the pepper plant, or a partthereof, of hybrid ‘RY5’, utilizing said plant or plant part as a sourceof breeding material, and selecting a pepper hybrid ‘RY5’ progeny plantwith molecular markers in common with hybrid ‘RY5’ and/or withmorphological and/or physiological characteristics selected from thecharacteristics listed above. Breeding steps that may be used in thepepper plant breeding program include pedigree breeding, backcrossing,mutation breeding, and recurrent selection. In conjunction with thesesteps, techniques such as RFLP-enhanced selection, genetic markerenhanced selection (for example, SSR markers) and the making of doublehaploids may be utilized.

Another method involves producing a population of pepper hybrid ‘RY5’progeny pepper plants, by crossing hybrid ‘RY5’ with another pepperplant, thereby producing a population of pepper plants, which, onaverage, derive 50% of their alleles from pepper hybrid ‘RY5’. A plantof this population may be selected and repeatedly selfed or sibbed witha pepper plant resulting from these successive filial generations. Oneembodiment of this invention is the pepper cultivar produced by thismethod and that has obtained at least 50% of its alleles from pepperhybrid ‘RY5’.

Additional methods include, without limitation, chasing selfs. Chasingselfs involves identifying inbred plants among pepper plants that havebeen grown from hybrid pepper seed. Once the seed is planted, the inbredplants may be identified and selected due to their decreased vigorrelative to the hybrid plants that grow from the hybrid seed. Bylocating the inbred plants, isolating them from the rest of the plants,and self-pollinating them (i.e., “chasing selfs”), a breeder can obtainan inbred line that is identical to an inbred parent used to produce thehybrid.

Accordingly, another aspect of the present invention relates a methodfor producing an inbred pepper variety by: planting seed of the peppervariety ‘RY5’; growing plants from the seed; identifying one or moreinbred pepper plants; controlling pollination in a manner whichpreserves homozygosity of the one or more inbred plants; and harvestingresultant seed from the one or more inbred plants. The step ofidentifying the one or more inbred pepper plants may further includeidentifying plants with decreased vigor, i.e., plants that appear lessrobust than plants of the pepper variety ‘RY5’. Pepper plants capable ofexpressing substantially all of the physiological and morphologicalcharacteristics of the parental inbred lines of pepper variety ‘RY5’include pepper plants obtained by chasing selfs from seed of peppervariety ‘RY5’.

One of ordinary skill in the art will recognize that once a breeder hasobtained inbred pepper plants by chasing selfs from seed of peppervariety ‘RY5’, the breeder can then produce new inbred plants such as bysib-pollinating, or by crossing one of the identified inbred pepperplant with a plant of the pepper variety ‘RY5’.

One of ordinary skill in the art of plant breeding would know how toevaluate the traits of two plant varieties to determine if there is nosignificant difference between the two traits expressed by thosevarieties. For example, see Fehr and Walt, Principles of CultivarDevelopment, pp. 261-286 (1987). Thus the invention includes pepperhybrid ‘RY5’ progeny pepper plants comprising a combination of at leasttwo hybrid ‘RY5’ traits selected from the group consisting of thoselisted above or the hybrid ‘RY5’ combination of traits listed in theSummary of the Invention, so that said progeny pepper plant is notsignificantly different for said traits than pepper hybrid ‘RY5’ asdetermined at the 5% significance level when grown in the sameenvironmental conditions. Using techniques described herein, molecularmarkers may be used to identify said progeny plant as a pepper hybrid‘RY5’ progeny plant. Mean trait values may be used to determine whethertrait differences are significant, and preferably the traits aremeasured on plants grown under the same environmental conditions. Oncesuch a variety is developed its value is substantial since it isimportant to advance the germplasm base as a whole in order to maintainor improve traits such as yield, disease resistance, pest resistance,and plant performance in extreme environmental conditions.

Progeny of pepper hybrid ‘RY5’ may also be characterized through theirfilial relationship with pepper hybrid ‘RY5’, as for example, beingwithin a certain number of breeding crosses of pepper hybrid ‘RY5’. Abreeding cross is a cross made to introduce new genetics into theprogeny, and is distinguished from a cross, such as a self or a sibcross, made to select among existing genetic alleles. The lower thenumber of breeding crosses in the pedigree, the closer the relationshipbetween pepper hybrid ‘RY5’ and its progeny. For example, progenyproduced by the methods described herein may be within 1, 2, 3, 4, or 5breeding crosses of pepper hybrid ‘RY5’.

The use of the terms “a,” “an,” and “the,” and similar referents in thecontext of describing the invention (especially in the context of thefollowing claims) are to be construed to cover both the singular and theplural, unless otherwise indicated herein or clearly contradicted bycontext. The terms “comprising,” “having,” “including,” and “containing”are to be construed as open-ended terms (i.e., meaning “including, butnot limited to,”) unless otherwise noted. Recitation of ranges of valuesherein are merely intended to serve as a shorthand method of referringindividually to each separate value falling within the range, unlessotherwise indicated herein, and each separate value is incorporated intothe specification as if it were individually recited herein. Forexample, if the range 10-15 is disclosed, then 11, 12, 13, and 14 arealso disclosed. All methods described herein can be performed in anysuitable order unless otherwise indicated herein or otherwise clearlycontradicted by context. The use of any and all examples, or exemplarylanguage (e.g., “such as”) provided herein, is intended merely to betterilluminate the invention and does not pose a limitation on the scope ofthe invention unless otherwise claimed. No language in the specificationshould be construed as indicating any non-claimed element as essentialto the practice of the invention.

While a number of exemplary aspects and embodiments have been discussedabove, those of skill in the art will recognize certain modifications,permutations, additions, and sub-combinations thereof. It is thereforeintended that the following appended claims and claims hereafterintroduced are interpreted to include all such modifications,permutations, additions, and sub-combinations as are within their truespirit and scope.

What is claimed:
 1. A new and distinct pepper plant variety named ‘RY5’,as herein shown and described.